Methodology for equalizing systemic latencies in television reception in connection with games of skill played in connectionwith live television programming

ABSTRACT

A method of and system for handling latency issues encountered in producing real-time entertainment such as games of skill synchronized with live or taped televised events is described herein. There are multiple situations that are dealt with regarding latencies in receiving a television signal with respect to real-time entertainment based on the unfolding games played along with the telecasts. Systemic delays, arbitrarily imposed delays of a broadcast signal and variances in the precise broadcast times of taped television programs have to be equalized so as to provide fair entertainment.

RELATED APPLICATION(S)

This patent application claims priority under 35 U.S.C. §119(e) of theco-pending, co-owned U.S. Provisional Patent Application No. 60/791,793,filed Apr. 12, 2006, and entitled “A METHODOLOGY FOR EQUALIZING SYSTEMICLATENCIES IN TELEVISION RECEPTION IN CONNECTION WITH GAMES OF SKILLPLAYED IN CONNECTION WITH LIVE TELEVISION PROGRAMMING” which is alsohereby incorporated by reference in its entirety.

FIELD OF THE INVENTION

The present invention relates to the field of distributed gaming. Morespecifically, the present invention relates to the field of distributedgaming utilizing a mobile device.

BACKGROUND OF THE INVENTION

In the United States alone there are over 170 million registeredcellular phones. With the expiration of the U.S. Pat. No. 4,592,546 toFascenda and Lockton, companies are able to now use the cellular phoneand other mobile communication devices utilizing a multicast network tocontrol television viewers in games of skill based upon predicting, forexample, what the quarterback may call on the next play within afootball game. Both prime time and programs syndicated on amarket-by-market basis lend themselves to games of skill. In addition,games of skill with a common start time can be conducted simultaneouslyamong cellular phone owners, based on classic card, dice, trivia, andother games. In order to avoid the anti-gaming laws in the variousstates, the winners must be determined by the relative skill, experienceand practice of the player in each discrete game.

U.S. Pat. No. 5,813,913 ('913) to Berner and Lockton provides for acentral computing system which includes a means of grouping participantshaving similar skill levels together in simultaneous, but separate,levels of competition playing an identical game. The relativeperformances are communicated to only those participants competing atthe same skill level. The '913 patent also provides for a wirelessreceiving device to permanently store the specific skill level for eachparticipant for each type of common event such as those based ontelevised sports or game shows. The '913 patent provides for atelephonic link at the completion of the game to collect information andupdate the skill level of the participants of a particular game. When aperson achieves sufficient points or meets other objective criteria tograduate into another skill level, a method is provided foraccomplishing this in the central computer and then transmitting analert to the participant notifying them of their promotion. The '913patent describes awarding prizes and providing recognition for themembers of each discreet skill level in a common game. All users, nomatter what level they are on, receive the same number of questions andthus the possibility of earning the same number of points. Thus directcomparisons between users at different levels, although not encouragedare possible. Such comparisons between players of disparate skills canlead to user discouragement.

Games of skill and chance have an intrinsic excitement and entertainmentvalue. Any game is greatly enhanced by a participant's ability to knowhow their performance compares in relation to other participants and/orto historical performance for the game throughout the contest. As withany game of skill, competition among friends, or with strangers ofsimilar experience, or the ability at ones option, sometimes for anextra consideration, to compete in a separate team or individualcontest, offers the opportunity of increased enjoyment and prizes.

Games of skill that rely on participation by watching an event on atelevision have potential latency issues since television signalreception is not synchronized nationwide. For example, a participant inTexas using a satellite dish network may experience a 3 second delaycompared to an individual in California using a cable network. Also,there are delays between individuals attending a game live and thosewatching the game live on television. Furthermore, for taped programs,both those shown to viewers in time zones or those syndicated on amarket-by-market basis, there are potential delay issues as experiencedwith the live broadcasts in addition to other possible differences intiming of the broadcasts. Therefore, to maintain user enjoyment andfairness for all participants, these delays must be neutralized.

SUMMARY OF THE INVENTION

A method of and system for handling latency issues encountered inproducing real-time entertainment such as games of skill synchronizedwith live or taped televised events is described herein. There aremultiple situations that are dealt with regarding latencies in receivinga television signal with respect to real-time entertainment based on theunfolding games played along with the telecasts. Systemic delays,arbitrarily imposed delays of a broadcast signal and variances in theprecise broadcast times of taped television programs have to beequalized so as to provide fair entertainment.

In one aspect, a method of equalizing effects of latency differences ina game of skill comprises grouping participants into a set of cohortsviewing a telecast delivered by identical transmission and receptionsystems, determining an amount of delay for each cohort in the set ofcohorts and substantially equalizing the set of cohorts throughadjustment of the amount of delay. The method further comprisesdetermining how each participant receives a television signal. How eachparticipant receives a television signal is selected from the groupconsisting of an over the air broadcast, a cable system and a satellitesystem. The participants are grouped based on how the participantsreceive a television signal. The method further comprises determining ifthere is additional processing of a television signal in a receptionlocation. The additional processing occurs within a participant'slocation selected from the group consisting of a public place, a home,an office and a bar. Since each cable system may impose different delayat their head-ends, the specific cable provider is identified.Determining the amount of delay comprises one or more of requiring theparticipants to answer questions related to their television systemservice, requiring the participants to mark on a game playing clientdevice, a precise time that a predetermined audio or visual event isviewed on a television program, utilizing a GPS function in a cellularphone to determine a physical location of each of the participants,utilizing an employee of a game producer who is a member of each cohortin the set of cohorts to determine the amount of delay, inserting anartifact in the telecast in which the participants respond to, andestablishing the amount of delay through an automated system whichsamples an audio or video track of a satellite, cable or over the airbroadcast television signal, linked to a game server, to provideinformation related to a precise arrival of an underlying televisionpicture. An average is taken when requiring participants to mark theprecise time the predetermined audio or visual event is viewed on thetelevision program. Equalizing the set of cohorts comprises at least oneof time stamping the amount of delay on a game lock out signal, imposingthe amount of delay on an entire game data stream and sending gamecontrol data to the participant cohorts at the same time where clientsoftware delays presentation of game data based on a precise time ofreception of the telecast by the group.

In another aspect, a method of preventing a first set of participants ata live event from having an advantage over a second set of participantswatching the live event on television comprises determining a cellularsite that serves a set of cellular phones at a venue site, determiningthe set of cellular phones that are utilizing the cellular site of thevenue site, determining a subset of cellular phones within the set ofcellular phones that are located within the venue site and generatingseparate groups of competitions based on the subset of cellular phoneswithin the set of cellular phones that are located within the venuesite. A first group within the separate groups of competitions includesonly the first set of participants and a second group within theseparate groups of competitions includes only the second set ofparticipants. An application on a server determines the cellular site,the set of cellular phones utilizing the cellular site and the subset ofcellular phones located within the venue site. An application on eachcellular phone within the subset of cellular phones determines if thecellular phone is located within the venue site.

In another aspect, a method of equalizing effects of latency issues witha taped television broadcast comprises storing a set of data files on aserver, determining one or more start times and transmitting the set offiles from the server to each mobile device at a transmission timecorresponding to an appropriate start time for the mobile device. Anapplication starts using the set of files at the one or more starttimes. The set of data files are game data files. Determining the one ormore start times includes at least one of utilizing an employee of agame provider based on visual observation of a telecast, utilizing atleast one of an audio and video recognition system with online access tothe broadcast for each separate market which provides real-time trackingof the broadcast to the server, adding at least one of an audio andvideo event in the television broadcast which is recognizable at astarting point, designating at least one of the audio and video event inthe television broadcast which is recognizable as the starting point,utilizing an audio signal, inserted within the broadcast recognizable byan audio receiver of the mobile device, and using a vertical blankinginterval.

In yet another aspect, a system for equalizing effects of latency issuesfor a game of skill comprises a mobile device and a server coupled tothe mobile device wherein the server sends a lockout signal at anappropriate time based on a measured amount of delay to prevent a userfrom submitting a response after they see the outcome. The mobile deviceis within a group of mobile devices. The server determines which groupthe mobile device is in. The server stores game control data andtransmits the game control data to the mobile device. The game controldata includes delay information for implementing the lockout signal. Theserver contains a location determination application for determining thelocation of the mobile device. The mobile device contains a locationdetermination application for determining the location of the mobiledevice. Variances in delays in receiving the television signal determinedelays in transmitting applicable data files within a television signalreception path

In another aspect, a device for equalizing effects of latency issues fora game of skill comprises a storage device and a set of applicationscontained within the storage device for sending a lockout signal at anappropriate time based on a measured amount of delay to prevent a userfrom submitting a response after they see the outcome. The set ofapplications determines which group mobile devices coupled to the deviceare in. The device stores game control data and transfers the gamecontrol data to mobile devices. The game control data includes delayinformation for implementing the lockout signal. The set of applicationsincludes a location application for determining the location of mobiledevices. The amount of delay accounts for delays within a televisionsignal reception path.

A network of devices comprises a plurality of mobile devices and aserver coupled to the mobile devices wherein the server groups theplurality of mobile devices into a set of cohorts and wherein the serversends a lockout signal at an appropriate time based on an amount ofdelay to prevent users from submitting a response after they see theoutcome. Each cohort within the set of cohorts is based on a signalreception path. The signal reception path is selected from the groupconsisting of an over the air network, a cable network and a satellitenetwork. The server stores game control data and transfers the gamecontrol data to each mobile device within the plurality of mobiledevices. The game control data is specific for each cohort within theset of cohorts. The game control data includes delay information forequalizing the lockout signal. The amount of delay accounts for delayswithin a television signal reception path.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 illustrates a flowchart of a process of preventing latency issuesfrom giving an advantage to some participants.

FIG. 2 illustrates a flowchart of a process of preventing participantsat a live event from having an unfair advantage over participantswatching on television.

FIG. 3 illustrates a flowchart of a process of handling latency issuesfor taped programs.

FIG. 4 illustrates a graphical representation of an embodiment of thepresent invention.

FIG. 5 illustrates a graphical representation of a network of devices ofthe present invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT

U.S. Provisional Patent Application No. 60/692,356, filed Jun. 20, 2005,and entitled “SYSTEMS AND METHODOLOGIES ENABLING A CELL PHONE BASEDSUBSCRIPTION SERVICE OFFERING A VARIETY OF SCHEDULED GAMES IN CONNECTIONWITH LIVE TELEVISION PROGRAMMING,” is incorporated by reference herein.

The present invention addresses three separate classes of latency issuesfor the length of time it takes a television signal to reach a viewer inproducing real-time entertainment such as games of skill synchronizedwith television programming. The latency issues are: 1) systemicpropagation delays in the delivery of a television signal to a receiver,2) arbitrarily imposed delays of a broadcast television signal and 3)variances in precise broadcast times of segments of taped televisionprograms between local and national commercials, sold throughsyndication to individual television stations.

Systemic Propagation Delays

There are specific challenges facing a service comprised of games orother entertainment played by remote participants utilizing cellularphones or the Internet, in connection with a live or taped telecast.Examples are live baseball, basketball and football games, taped gameshows such as Wheel of Fortune™ and Jeopardy™ or other televisionprogramming such as predicting the winners of the Oscars. In a game ofskill, for example, fair competition necessitates that a fast pacedgame, based on the unfolding television action has a level playing fieldfor all participants regardless of how they receive their televisionsignal. Propagation delays result from, among other things, the numberof satellite hops required to deliver the signal, the method ofprocessing and rebroadcasting the signal after it is received by cablesystems head ends or an over the air broadcast television station, andwhether or not the signal is further processed for high definitiontelevision. Furthermore, digital television recording systems (DVRs)such as TiVo™ are also able to generate delays in the viewing of thepicture after receipt via satellite or cable. These delays are able toresult in a difference between the first signal received and the lastreceived of more than several seconds.

People have an unsatisfactory experience and/or others are able to gaina potential competitive advantage from the variances in the exact timeone viewer sees an event on their television versus another competitorwho receives their television signal through a different delivery path.In the U.S., the 120 million television homes receive their signaleither through an over the air broadcast, cable system or via satellitedelivery. Each delivery system can impose propagation delays of varioustime lengths. If the delay between the time a viewer with the leastamount of delay and the person receiving the signal with the greatestamount of delay exceeds several seconds, some inequalities in gameexperience and play are able to result.

One example is a game is based upon a football telecast, whereincompetitors predict the play that the coaches and/or quarterback callprior to the snap of the ball. The competitor's prediction is basedamong other things on their observation of the down, distance and theoffensive and defensive formations on the field and tendencies of theteams in these situations. Such a game utilizes a “lock out” signal, asdescribed in the U.S. Pat. No. 4,592,546 to Fascenda, entitled “Game ofSkill Playable by Remote Participants in Conjunction with a Live Event,”which is incorporated by reference herein, to prohibit the entry ofpredictions after the competitor sees the play begin to unfold, at thesnap of the ball. The time stamped “lock out” signal is generated by agame producer also viewing the same telecast from a different location.If the game producer is viewing a television signal several secondsbefore some competitors and generating a time stamp based on that event,an advantage is able to result if the difference in the time stamp andthe receipt of the “lock out” signal is more than several secondsearlier in relation to another competitor's television signal which isdelayed. During this period of time, for example, on a first or seconddown situation, a competitor receives the “lock out” just as thequarterback receives the snap and the corresponding television signal atthe same time as the game producer while another competitor with adelayed television signal, receives a “lock out” signal while thequarterback is approaching the line of scrimmage. In another example, ifthe game producer is viewing a signal after a viewer, a competitor mightsee the quarterback start to drop back into a “shot gun” formation,making the likelihood of a pass considerably higher. This latter playermight have time to change his prediction from, “run” to “pass” beforereceiving a “lock out” generated at the snap of the ball. A personconsistently receiving a “lock out” later than another competitor might,through the course of the game, gain some competitive advantage.

While it is not clear that sufficient enough competitive advantage isgained between a competitor receiving his “lock out” signal precisely atthe snap of the ball and one who is locked out a few seconds prior tothe snap of the ball, this discrepancy could present the appearance of aplaying field that is not level, and one of the primary benefits of thesystem addressed in the present invention is to ensure the competitorsfeel they are on equal footing.

The present invention solves the above described issue through a systemand method to effectively equalize systemic propagation delay variancesto a required level dictated by the demands and rules of a particulargame, so that a material competitive advantage is not obtained and theuser experience is optimized for all players.

The solution first relies on the determination of how each viewer isreceiving their television signal (e.g. via an over the air broadcast ina metropolitan area, via a particular cable system or a particularsatellite system). All subscribers to a particular service provider orwho are receiving an over the air broadcast in a specific metropolitanarea will receive the signal at their location at the same time. It isalso able to be determined if there is further processing of the signalwithin the homes, office, bar and others, which could further increasethe total length of the propagation delay. Examples would be the use ofa DVR, such as TiVo™. The present invention relies on a variety ofmethodologies which are able to be utilized to determine the timedifference between the reception of the television picture beingutilized by the central game production facility where “lock out”signals are generated and each separate group of viewers around thecountry or around the world.

For this system, the total viewing population for a telecast is dividedinto segments or blocks of viewers referred to as “cohorts.” Forexample, the 2 million inhabitants of the San Francisco Bay Area wouldbe divided into approximately 1 over the air broadcast, 3 satelliteindependent providers and several cable “head ends” or central broadcastpoints serving a “cohort.” This information would be gathered at acentral game server, and all players registered to play in a particularcontest would be assigned to a specific cohort of viewers.

The following are some methodologies for determining the delaysexperienced by various cohorts which are able to be used in combinationor separately.

In one methodology, upon joining the service and prior to initial gameplay, subscribers and competitors are required to identify the method bywhich they receive their television signal and identify the cable orsatellite service provider and answer questions relative to whether ornot they subscribe to an analog or digital high definition service orutilize a DVR. This information is able to be verified by sendingquestions to their cellular phones concerning commercials, stationbreaks and the precise time they are viewed or utilizing otherinformation only seen by members of that cohort.

In another methodology, a routine is established upon entry into thegame where the individual viewer is asked to mark the precise time apredetermined audio or visual event in the television program occurs,such as the initial kickoff, which would establish the deviation oftheir receipt of their television picture from the television signalutilized by the game producers. While some viewers might attempt tocheat by delaying their input, the earliest entries from the cohorts inthis group would be averaged to establish the accurate delta between thereceipt of the telecast by the production crew and those in eachdiscrete sub group of viewers.

In another methodology, the GPS function in the cellular phone is usedto determine the physical location of a viewer which is matched to adatabase of cable lead ends or over the air broadcast stations availableto a consumer in that precise location.

In another methodology, employees of the game producer who are membersof the subgroups which constitute the competitors/viewers, e.g. asubscriber to Comcast Cable in San Francisco, are utilized by the gameservice provider. These individuals would provide the currentpropagation delay information sent to the game server utilizing theiridentification of a recognizable event they observe on their televisionset, such as the initial snap of the ball.

In another methodology, audio or video artifacts or information done incooperation with the television signal provider are inserted which mustbe immediately responded to by the competitor to verify the source oftheir television signal or monitored at cooperative viewers' televisionsets.

In another methodology, the various delays through an automated systemlinked to the game server, which continuously samples the audio or videotrack of the underlying satellite, cable or over the air broadcasttelevision signals are established around the country to provide theinformation of the precise arrival of the underlying television picture.

Utilizing software resident in the game control server, game controldata for each set of viewers/competitors of the game in progress who arereceiving their television picture through the same source are batchedtogether by the game control server, and the appropriate delay is eithertime stamped on the game “lock out” signals, or is imposed on the entiredata stream so that competitors receiving their television informationslightly behind or ahead of others gain no material competitiveadvantage. Another method is for the game control server to send all thegame control data to all of the viewers/competitors of the game at thesame time, and the client software is able to delay the presentation ofthe game data based on the viewers' cohort.

Utilizing these methodologies to measure the delays in each cohort, eachcohort of viewers would have artificial time delays on the game controlinformation imposed by the game control server, which wouldsubstantially equalize the receipt of “lock out” data relative to theevent triggering the “lock out,” based on the underlying televisionprogramming, for example, the snap of the football. Players receivingthe television signals in advance of the one with the slowest receipt ofthe television signal would receive “lock out” signals slightly delayedor time stamped with a slightly later time as described in U.S. Pat. No.4,592,546. By providing a correspondingly delayed lock out to a viewerreceiving their signal later, a potential advantage is mitigated.

Alternatively, this time equalization from cohort to cohort could, forexample, involve artificially delaying the transmission of the gamecontrol data stream sent to all competitors cell phones or other mobiledevices by the appropriate amount of seconds, to sufficiently minimizethe advantage a player with a few more seconds of television basedinformation would have. For example, by time stamping the “lock out”signal at an earlier event, such as when the team breaks from thehuddle, the chance of some cohorts seeing the actual beginning of theplay is eliminated and the discrepancy in propagation delay provideslittle or no advantage.

FIG. 1 illustrates a flowchart of a process of preventing latency issuesfrom giving an advantage to some participants. In the step 100, it isdetermined how each viewer receives a television signal, wherepossibilities include an over the air broadcast, a particular cablesystem or a particular satellite system. In the step 102, it isdetermined if there is additional processing of the television signalwhen after the signal enters a viewer/participant's house, office, baror other location from an item such as a DVR. In the step 104, theviewers/participants are grouped into groups also referred to ascohorts. In the step 106, a delay amount is determined for each group.The delay amount is able to be determined by the one or more methods asdescribed above. In the step 108, the viewers/participants areequalized. The methods of equalization vary, but some examples includetime stamping on the game “lock out” signals, imposing a time stamp onthe entire data stream so that competitors receiving their televisioninformation is slightly behind or ahead of others gain no materialcompetitive advantage. Another method is for the game control server tosend all the game control data to all of the viewers/participants of thegame at the same time, and the client software is able to delay thepresentation of the game data based on the viewers' group.

Arbitrarily Imposed Delays on the Broadcast of the Signal and thePhysically Present Competitor

As a result of the Janet Jackson half time show episode at the 2004Super Bowl, some networks have announced their intentions to impose upto a 7 second delay on telecasts of live sporting events. More recentlyan obscenity uttered by a competitor at the conclusion of a live NASCARrace has resulted in another network announcing it may impose a 5-7second delay on future broadcasts of NASCAR races. These arbitrarilyimposed delays are a significantly longer duration than those resultingfrom the above described propagation delays of the broadcast televisionor cellular network control information.

A distinct advantage is able to arise for a game player who isphysically present at an event being televised which is the basis of acontest of skill in the home, or other location, separate from the livegame venue. This is because in certain instances they will receive “lockout” signals generated for competitors among the television viewingaudience, particularly if the game producer is not physically present atthe venue, but producing by viewing a telecast. This discrepancy wouldpermit prediction entry as much as 7 seconds later than those watchingan artificially delayed television picture. This magnitude of delay canresult in a significant competitive advantage for the game player who isphysically present. For example, a soccer or hockey contest of skillmight contain an element where a competitor is given a limited number ofopportunities to predict if there will be a “shot on goal” within thenext 5 seconds. The 5 second advantage to the competitor physicallypresent would be significant, because the receipt of a lockout signalgenerated for the huge television audience could occur after a shot hadoccurred.

In a contest based on a football game, a competitor present at thestadium would receive their “lock out” signals after the play wasunderway and could often determine whether the play was a pass or a runprior to receipt of the lockout signal. It is also likely that otherlive televised events such as The Oscars, Grammy's, beauty contests andother television programming that can support games of skill wouldimpose delays on the telecast for the same or different reasons, alsoproviding the opportunity for a competitive advantage for those who areattending the event in person.

The cellular telephone system currently has methodologies to determine auser's physical location. The 911 emergency laws mandate the cellularsystems to have the capability of determining the location of a 911emergency caller within 150 feet. More sophisticated approaches combinecellular site location technology with geosynchronous positioningsatellite capabilities. Companies like Qualcomm™ have implementedvarious location technologies such as Snaptrack, Snap Smart andSnapcore, which provide a cellular phone's physical location within amatter of yards.

For each televised live event, the physical venue for this event wouldbe known by the organizer of a game of skill in advance. Therefore, itis possible to determine for each contest of skill the specific cellularsites which will serve cellular phone owners physically present at thatvenue. A methodology is employed to identify all of the cellular phoneslogging into the game server registering to play the game of skill whichare co-located within cellular sites servicing the stadium or auditoriumwhere the televised live event is taking place. The present invention isalso able to involve a communication methodology between the cellularcarrier and the game control computer software contained in the gameapplication resident on a game competitor's phone, which would identifythe cellular phone physically in the stadium.

Before the start of the contest of skill, the system informs the centralcomputer of the game selected to be played by each competitor, forexample, the San Francisco 49ers versus the New York Giants. The centralgame control server's software would hold current information on thephysical location of the stadium of each game, for example, CandlestickPark in South San Francisco, and the cellular sites covering thislocation. The software resident on the cellular phone or on the serverthen identifies the phone as one located physically at the telecastgame's venue.

To ensure that potential competitors at the live venue are able to alsocompete in a contest of skill, the central game server will separate thescoring data and game control data for competitors using these cellularphones in this specific location from the general pool of competitorswho are not so located, but watching the game via television. A separatecontest is then generated and scored for those competitors who have theadvantage of viewing the event live, and a separate prize pool isawarded. This separate game would be produced though the observation ofthe actual game physically at the venue or through the operation of anon-delayed satellite feed.

If it is ultimately determined that certain groups of televisionviewers, as opposed to live event attendees, who are competitors inthese games of skill are gaining sufficient enough competitiveadvantage, segregating those players at the extreme ends of thepropagation delays, into two or more separate contests with separatesets of prizes, may also be employed as described above. For example,separate contests for satellite viewers versus cable and over the airviewers are able to be generated.

FIG. 2 illustrates a flowchart of a process of preventing participantsat a live event from having an unfair advantage over participantswatching on television. In the step 200, a cellular site that servescellular phones at a venue site is determined for each contest of skill.For example, if a game of skill is played for a game between the SanFrancisco 49ers and the Oakland Raiders at Candlestick Park in South SanFrancisco, a specific cellular site serves the cellular phones in thatlocation. In the step 202, the cellular phones that are utilizing thecellular site of the venue site and are participating in the game ofskill for that event are determined. For example, if there are 1,000cellular phone users in Candlestick Park who register to play in a gameof skill involving the 49ers and the Raiders, they are detected by thesystem. In the step 204, it is determined if the cellular phone islocated within the venue site. The determination is made by comparingthe current cellular information with information stored on a serverindicating the location of each venue such as Candlestick Park. Based onthe determination in the step 204, separate groups are generated in thestep 206. A group is generated for users that are located at the livevenue, and a group is generated for those players that are watching liveon television. Therefore, the live players who do not experience anydelay compete against each other, and television viewers compete withothers television viewers who have a delay.

In addition to implementing the above-mentioned solutions to latencyissues, additional groups are able to be generated if the delays betweensignal providers are not resolved. For example, all viewers withsatellite television signals compete against each other, and all cabletelevision viewers compete against each other, with no crosscompetition.

Taped and Syndicated Television Programs

A separate but related latency problem arises in the case of syndicatedtelevision shows, which are by necessity pre-taped. Examples are gameshows like Wheel of Fortune™ and Jeopardy™. These pre-recordedtelevision game shows are generally syndicated, meaning they are sold toa specific television station on an exclusive lease for the localtelevision market served by the station's signal. The televisionstations generally air these half hour episodes at various times in“prime time access,” which is generally considered between 6-8 pm.Therefore, with 3 different time zones in the United States, the starttimes will differ from market to market. In addition, the precise timeeach commercial bracketed television show segment that is broadcast isable to vary by a few seconds based on the time each station'sengineering personnel starts the show's segments after the insertion oflocal and national commercials. Thus, for a show like Jeopardy™, theremight be over 100 separate slightly different broadcasts from a timestandpoint for a single episode of Jeopardy™ on a given day. Inaddition, these syndicated telecasts can also experience the samepropagation delays as described above.

Contests of skill on cellular phones around these syndicated telecastsare produced with the cooperation of the game show producers, and gamedata files are produced which are precisely time-synchronized to thefinal video tape of the television game show. These files must beprecisely synchronized and a delay of just a few seconds could give anunfair competitive advantage to a viewer who is receiving their “lockout” signal later than another competitor in a fast paced game likeJeopardy™. The game data files must be synchronized with the televisionshow at the beginning of the program and again as the show returns tothe game competition from each commercial break.

This solution addresses the separate, but related problems ofsynchronizing game data files with the broadcast of prerecorded andsyndicated games, entertainment, reality or other television programmingthat is aired in different time zones at the choice of the purchasingtelevision station. As opposed to live sporting events, the gameproduction for this genre of programming is not done live throughreal-time observation of the unfolding telecast but is produced inadvance with the cooperation of the show producer as a time synchronizedfile utilizing the final edited for broadcast, television program.

In general, the game data files are divided into separate “segments”which comprise the entire television program and aired between theinsertion of national, regional and local advertising. As the televisionprogram returns from the opening commercials, the initial game orentertainment segment is launched by the game producer, synchronized tothe playing of the television tape, and the data files for this segmentwould end with the first commercial break. The other game “chapters” areresynchronized as each segment of the telecast resumes from commercialbreak. The local telecasts might have variations of anywhere from 1 to 5seconds, or more, resulting from the use of different commercials bydifferent stations, and the variances in the local production by theengineering management of the syndicated telecasts.

This invention protects a system which first determines all of theseparate and unique television markets where the cellular phone servicewill be offered in connection with a syndicated, taped version of anunderlying television program, for example, Jeopardy™. Networkbroadcasts usually air in three separate time zones. This information isavailable from the shows syndicator, for example, Jeopardy™, thesyndicator King World™ or Sony™, the show's licensor. This informationis also publicly available through the various television guides. Thegame production servers hold the pre-produced game data files to bebroadcast to the cellular phones of the participating subscribers,containing, for example, the correct answers and possibly someintentionally wrong multiple choice answers in the case of Jeopardy™ orother multiple choice based game shows. The server begins the broadcastof its time synchronized files for each discrete telecast of a singletelevision program at a precise start point for each “segment” orchapter. With knowledge of the precise timing of the discrete segmentsof the broadcast, for each separate syndicated market, the servertransmits the pre-recorded files in most cases, at a slightly separateand different time to each viewer who is viewing the telecast in aparticular market via a particular broadcast, satellite or cable signal.

The precise start times of the beginning episode of a game show and thestart times of the other segments, beginning as the show resumes after anational and local commercial are delivered to the server throughvarious methodologies.

One methodology requires the cooperation of an employee of the gameprovider based on visual observation of the telecast for that market,utilizing a personal computer and the Internet, or by utilizing theirlocal cellular phone, all coupled to the game server.

Another methodology includes utilizing an audio or video recognitionsystem with online access to the broadcast of the underlying televisionprogram for each separate market which provides real-time tracking ofthe television broadcast to the game control server, ensuring the gamedata file is able to be precisely synchronized to the televisionpicture. Information is also able to be inserted in a Vertical BankingInterval (VBI) of the taped syndicated show and tracked online in realtime by the game control server. For remote telecasts and onlineconnection from a remote device, reading data embedded in the VBI via ahigh speed connection to the central game server is utilized. Utilizingsome of the procedures outlined above, the propagation delays in thereceipt of the cellular transmissions are also monitored and the gameserver adjusts the data files containing the “lock outs” to accommodatethe systemic delay in the delivery of the game data on the cellularnetworks.

Another methodology, with the cooperation of the producers of gameshows, precise audio or video events in the telecast could either beadded to the video, such as a visible count down, or existing events inthe telecast identified by the producers as synchronization points whichthe competitors could utilize as start points for the previouslydownloaded data files at the press of an appropriate button on theircellular phone. This would trigger the launch of a program previouslydownloaded to the phone's RAM. Then, time synchronization would belaunched.

One more methodology uses an audio signal, possibly sub-audible tohumans, which is inserted into the taped audio track recognizable by theaudio receiver in a cellular phone which would be utilized to startand/or continually keep the pre-produced data files resident on thecellular phone in synchronization with the telecast.

FIG. 3 illustrates a flowchart of a process of handling latency issuesfor taped programs. In the step 300, pre-produced game data files arestored in servers; preferably, game production servers. The game datafiles include information required to participate in a game such asquestions and answers for a trivia game like Jeopardy™. In the step 302,start times are determined for each discrete telecast of a show. Thestart times are determined as described above, such as with thecooperation of a game provider employee, utilizing an audio/videorecognition system, using a visible count down or a recognizable signalwhich is able to be recognized by a cellular phone. Other ways ofdetermining start times are possible as well. In the step 304, the gamedata files are transmitted at appropriate times based on the start timesfor each separate market. Furthermore, if additional delays arerecognized, such as those delays described above, that is able to beaccounted for.

FIG. 4 illustrates a graphical representation of an embodiment of thepresent invention. A server 400 contains applications 402 and a storagemechanism 404. The applications 402 include an application to generateand modify game control data. The game control data is eventuallytransferred to users' cellular phones. If necessary the game controldata is synchronized and time-stamped for each group, so that, asdescribed previously, there are no unfair advantages for thecompetitors. A location application stored on the server 400 is able todetermine which cellular phones are logged into the server 400 and whattheir location is. A grouping application is able to separateinformation such as scoring data and game control data into differentgroups. The grouping application also separates the cellular phones intogroups or cohorts as described above. The storage mechanism 404 isutilized for storing the applications 402 in addition to selections andresults. The storage mechanism 404 preferably includes a database fororganizing the data including the selections, results, standings andgroups amongst other data needed for executing the competitions. Theserver 400 is part of a network 406. A device 408 couples to the server400 through the network 406. In some embodiments the network 406includes the Internet. In some embodiments, the network 406 includes acellular network. Also, in some embodiments, the network 406 includesboth the Internet and a cellular network. The device 408 is preferably acellular phone. In other embodiments a PDA, a computer, a laptop or anyother device capable of communicating with the server 400 is possible.The device 408 stores a variety of applications 410. A game applicationis stored on the device 408. In some embodiments, software to identifythe physical location of the device 408 is stored on the device 408. Thedevice 408 also receives the game control data which ensures nocompetitors have an unfair advantage using the methodologies describedabove. Furthermore, the device 408 receives game data which is used toplay the games. An example of game data includes Jeopardy™ multiplechoice answers. Additional applications are able to be included on theserver 400 and on the device 408, as necessary, for smooth operation ofthe games. Although some of the applications are described separatelyabove, in some embodiments, the applications are included in one largeapplication.

FIG. 5 illustrates a graphical representation of a network of devices ofthe present invention. A server 400 is coupled to many devices through anetwork 406. The devices are grouped into groups or cohorts as describedabove. For example, Group 1 of devices 500 includes a set of devicesthat receive a television signal through cable with a delay time of x.Group 2 of devices 502 includes a set of devices that receive atelevision signal through satellite with a delay time of y. Group 3 ofdevices 504 includes a set of devices that receive a television signalover the air with a delay time of z. Then, based on the delay times ofeach group, steps need to be taken to ensure these delays do not affectthe ability of users to play a game of skill which corresponds to a liveevent shown on television. As described above, a lockout signal is sentat the appropriate time depending on the delay, or a lockout signal issent, but included with the lockout signal is information for thelockout not to be implemented until the delay is accounted for. Thisensures that users with different delays based on their televisionsignal reception path do not receive advantages or disadvantages.Furthermore, in addition to the delays being related to the type ofsignal reception path such as cable versus satellite, the delays couldalso be related to other aspects of the signal reception path such asthe location of the receiving television or the type of equipment thatone television company uses versus another.

To utilize the present invention, for the most part, a participant in agame of skill playing on his/her mobile device does not have to performany different actions when playing a standard game of skill without thepresent invention. The user simply plays as usual except that with thepresent invention, users with faster or slower connections do notreceive any advantages or disadvantages. In embodiments which requireuser input, the user performs an action, such as recognizing an event tosynchronize the game with a live or taped event. For game producers,implementing the present invention is able to be automated or performedmanually. Automation includes technology to automatically determine thestart of an event such as automatically detecting the start of afootball game. Manual implementation requires a person to watch an eventand respond to that event such as watching a football game and notingwhen the first play occurs in order to synchronize the “lock out” signalappropriately.

In operation, the present invention is able to synchronize separategames of skill which have different latencies based on television signalreception differences, random delays and/or other delays. For liveevents where all of the participants are watching the event ontelevision and participating in a game of skill corresponding to thatlive event, delays related to the television signal receptiondifferences have to be handled. Television signal reception differencesoccur because some televisions receive the live event signal viasatellite, while others have cable and still others have something else.The signals do not arrive at the participants at the same time.Therefore, to ensure fair competition, participants are separated intogroups or cohorts based on delivery system type, location and otherparameters that affect the timing of the signal. Then, using a mechanismdescribed above, the delay for each group is determined. Based on thatdetermined delay, the game of skill is able to be configured with theappropriate timing for a lock out signal, so that each participant hasthe same amount of time to select an answer and also sees the sameamount of the live event as others before the lock out occurs.

For games of skill where there are both participants attending the eventlive and watching it on television which typically has a few secondsdelay, the participants are separated into different competitive groupswherein the attending participants are in one group and the televisionviewing participants are in another group.

For games of skill using tape recorded events like game shows, theimportant aspect is ensuring the game of skill corresponds with thetelevised recorded event. For example, if the game of skill were off bya few seconds, participants could receive multiple choice answers to thewrong questions. Therefore, the present invention ensures that the gameof skill is synchronized with the taped televised event even when thereare different latencies depending on how and where the television signalis being displayed.

Furthermore, although the methods of handling latency have beendescribed above as handling a specific scenario such as delays intelevision signal reception, the methods are able to be used inconjunction with each other as well. For example, when participants areseparated into attending and televised groups because some participantsare actually attending an event while others watch it on television, forthose watching it on television there will still be issues from locationto location and based on the television signal reception, so the latencybalancer which handles that aspect of latency is also able to beimplemented.

The present invention has been described in terms of specificembodiments incorporating details to facilitate the understanding ofprinciples of construction and operation of the invention. Suchreference herein to specific embodiments and details thereof is notintended to limit the scope of the claims appended hereto. It will bereadily apparent to one skilled in the art that other variousmodifications may be made in the embodiment chosen for illustrationwithout departing from the spirit and scope of the invention as definedby the claims.

1-38. (canceled)
 39. A device for equalizing effects of latency issuesfor a game of skill played in conjunction with content comprising: astorage device; and an application contained within the storage devicefor sending a lockout signal at an appropriate time based on apredetermined amount of delay to prevent a user from submitting aresponse.
 40. The device of claim 39 wherein the content comprisesstreamed video.
 41. The device of claim 39 wherein the applicationincludes a location application for determining the location of mobiledevices.
 42. The device of claim 39 wherein the amount of delay accountsfor delays within a transfer path.
 43. The device of claim 39 whereinexisting events in the content are used as synchronization points asstart points for downloaded data files.
 44. The device of claim 39wherein a synchronization point is a visible or audible event locatedwithin the content.
 45. The device of claim 39 wherein information isembedded in the content invisible to the user and tracked online inreal-time.
 46. The device of claim 39 further comprising determining oneor more start times in the content includes using a signal recognizableby the device.
 47. The device of claim 39 wherein the application isfurther for delivering a start time of a television commercial using arecognizable signal recognizable by the device.
 48. The device of claim39 wherein the game of skill or chance comprises pre-produced datafiles.
 49. The device of claim 48 wherein the pre-produced data filescomprise real-time entertainment.
 50. The device of claim 48 wherein aplurality of synchronization points are used by a client to continuouslycheck to ensure the pre-produced data files are synchronized with thecontent.
 51. The device of claim 48 wherein inserted audio or video isused to continuously check to ensure the pre-produced data files areprecisely synchronized on a client with the content.
 52. The device ofclaim 51 wherein the inserted audio or video is used by a client tocontinuously check to ensure the pre-produced data files are preciselysynchronized on the client with the content.
 53. The device of claim 51wherein the inserted audio or video is used by a server to continuouslycheck to ensure the pre-produced data files are precisely synchronizedon the client with the content.
 54. The device of claim 39 wherein anartifact is inserted into the content recognizable by an audio receiverin the device which is utilized to start and continually keep a game ofskill or chance synchronized with the content.
 55. The device of claim39 wherein the game of skill or chance ends when the content ends. 56.The device of claim 39 wherein a server sends the game of skill orchance to the device.
 57. The device of claim 39 wherein the game ofskill or chance is stored in a memory of the device.
 58. The device ofclaim 39 wherein the game of skill or chance is stored in random accessmemory of the device.
 59. The device of claim 39 wherein the applicationis further for displaying the game of skill or chance on the device. 60.The device of claim 39 wherein an earliest receipt of the lockout signalby participants is utilized for equalizing locking out all participantsreceiving the content.
 61. The device of claim 39 wherein theapplication is further for establishing the amount of delay by comparingaudio or video samples derived from the device linked to a game serverby comparing samples to archived audio or video files of the content.62. The device of claim 61 wherein adjustment of the amount of delayresults in synchronization of receipt of a signal of the content andpresentation of game-related data on the device.
 63. The device of claim39 wherein the application is further for determining a shortest delayof participants and applying lockouts to the participants based on theshortest delay.
 64. The device of claim 39 wherein participants comprisead hoc or preexisting groups of friends competing in a separatecompetition in disparate physical locations.
 65. The device of claim 39wherein the synchronization points are the audio or video data for thecontent residing on a server online with the device.
 66. The device ofclaim 39 wherein participants constitute ad hoc or existing groups ofgeographically dispersed friends participating in a separate game ofchance or skill.
 67. The device of claim 66 wherein the participants aread hoc or previously organized groups of friends competing against eachother in a separate contest.
 68. The device of claim 67 whereinequalizing the participants comprises time stamping an amount of delayon game-related data.
 69. The device of claim 39 wherein the applicationis further for establishing the amount of delay through an automatedsystem which samples an audio or video track of a satellite, cable orover the air broadcast television signal, linked to a game server, toprovide information related to a precise arrival of an underlyingtelevision picture.
 70. The device of claim 39 wherein the content isstored on a digital video recorder.
 71. The device of claim 39 whereinthe application is further for determining if there is additionalprocessing of the content increasing a total length of the delay. 72.The device of claim 39 wherein the delay includes a digital videorecorder delay wherein the content is recorded on the digital videorecorder.
 73. The device of claim 39 wherein the application is furtherfor equalizing the delay wherein equalizing incorporates time stampingthe amount of delay on a game lock out signal, imposing the amount ofdelay on an entire game data stream and sending game control data to theparticipant cohorts at the same time where client software delayspresentation of game data based on a precise time of reception of thecontent.
 74. The device of claim 39 wherein the content is a timeshifted telecast and wherein a client used in connection with viewingthe time shifted telecast of a previously recorded program utilizesautomatic content recognition to synchronize preproduced game data filesto precisely synchronize the preproduced game data files with therecorded telecast.
 75. The device of claim 39 wherein the content is atime shifted telecast and wherein a client used in connection withviewing a delayed program utilizes automatic content recognition tosynchronize preproduced game data files to precisely synchronize thepreproduced game data files with the recorded telecast.
 76. The deviceof claim 39 wherein the application is further for establishing theamount of delay through an automated system which samples an audio trackof a satellite, cable or over the air broadcast signal, linked to a gameserver, to provide information related to a precise arrival of thecontent.
 77. The device of claim 39 wherein the application is furtherfor equalizing a set of cohorts comprising time stamping the amount ofdelay on a game lock out signal, imposing the amount of delay on anentire game data stream and sending game control data to the participantcohorts at the same time relative to receipt of the content, whereclient software delays presentation of game data based on a precise timeof reception of the content by a group.
 78. The device of claim 39wherein the content and the application is presented on a same screen.79. The device of claim 39 wherein the content and the application ispresented on different screens.
 80. The device of claim 39 furthercomprising electronics for receiving and displaying the content on afirst screen and providing control information to a second screen. 81.The device of claim 39 wherein sending the lockout signal includespreventing a user from submitting the response after the correct answerhas been revealed.
 82. The device of claim 39 wherein the content is abroadcast, satellite or cable telecast.
 83. The device of claim 39further comprising determining one or more start times in the contentbased on visual observation of events located within the content. 84.The device of claim 83 wherein the visual observation includes asports-related action.
 85. The device of claim 44 wherein the visibleevent includes a sports-related action.
 86. The device of claim 39wherein the application is further for establishing the amount of delayby comparing audio or video samples derived from the device linked to aremote audio or video broadcast transmission with the receipt of thecontent.
 87. The device of claim 39 wherein the device comprises amobile device.
 88. The device of claim 87 wherein the mobile devicecomprises a cellular phone.
 89. The device of claim 39 wherein thedevice comprises a server.